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A new code adopted in 1858 eliminated the reference to common-law crimes, but used a common-law definition of the crime of sodomy and allowed a maximum of life imprisonment for its commission. Jess Kinnan had been arrested on a charge of forcing a woman to fellate him and appealed his conviction on the ground that fellatio did not constitute the "crime against nature." After reviewing decisions of several states that decided that fellatio was not such a crime, the Nebraska Supreme Court unanimously upheld the conviction of a small-town physician for sodomy with a female child.